A RUSSIAN APPROACH TO INTERNATIONAL LAW IN THE DOMESTIC LEGAL ORDER: BASICS, DEVELOPMENT AND PERSPECTIVES

Abstract

This paper focuses on the Russian case involving the perception and implementation of international law (IL) within its national jurisdiction during the twenty-five year-period since the adoption of the 1993 Constitution. This constitution contains a rather progressive and radical principle concerning the place and role of IL in the domestic legal order. A brief look back at the development of Russia’s current legal order will help to facilitate evaluating the real nature of this provision. In an effort to establish this principle, States must provide a certain set of tools, both legislative and organisational. This paper introduces the development of this principle by examining Russian doctrine, modern legislation and practice, paying particular attention to Russian judicial activity. It thus presents an overview of the entire discussion regarding the implementation of IL within Russia. This implementation has been examined extensively from multiple perspectives, including the one based on a wide array of theoretical and normative materials, as well as the practice of law enforcement bodies, especially different courts, during the period under observation. This contribution attempts to characterise the Russian Federation’s general attitude and approach to the implementation of international obligations into its domestic jurisdiction.